Principes constitutionnels suisse anti aging.

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All men in the world have the use of many natural, universal rights who names are human rights.

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These rights have general law protection. The attack to these rights many criminal codes has prescribed as criminal acts. Lack of any of general, basic elements of the definition of the criminal act in criminal code, of objective or subjective character, exempts that act that is, the act committed by a person, with resulting consequences from the character of criminal act 1.

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It is regarded to the circumstances which an act of a man exempts from either social danger or illegality, or of both elements 2. Namely, the exclusion of these elements exists when the act, which is otherwise regulated by law as a criminal act, is considered as excusable, according to some special provision.

There are two bases for the exclusion of the criminal act in the criminal law of Serbia and Montenegro.

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General bases 4 in the criminal law of the Republic of Serbia according to the provisions of the General criminal law are: 1 insignificant social danger article 8. Basic Criminal Code and 3 extreme necessity article Basic Criminal Code.

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In the Criminal code of the Republic of Montenegro 6 from December They are: 1 an act of little significance article 9. Special bases for the exclusion of the criminal act are not specifically provided by law. They present a creation of the law theory and court practice but some of them are seen in the foreign legislations in specific cases.

According to the fact that these special bases are not specifically provided by law, their effect and applicability are of controversial matter 7. Basic Criminal Code with aplication in Republic of Serbiaand article Criminal code of the Republic of Montenegronecessary defence is defence which is necessary for a perpetrator in order to protect himself or other person from an imminent illegal attack 8.

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An act committed in necessary defence is excusable because the legislator himself considers that the perpetrator of such act is authorised for commission of that act 9. From this definition 10legjobb értékelésű anti aging termékek arcra results that necessary defence, in the sense of institute of criminal law, has to fulfil two conditions-the existence of attack and protection from such attack.

But not every attack gives the right for necessary defence, nor every protection from attack is necessary defence.

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Attack, as well as protection from attack, has to fulfil conditions cumulatively provided by law. Conditions for the existence of attack Attack is every act aimed towards violating or endangering legal property or legal interest of a person It is most often undertaken by action, and sometimes by inaction. In order for an act to be relevant with the view to institute of necessary defence, it has to fulfil certain conditions, which are: attack has to be undertaken by man; attack has to be aimed against any legal property or legal interest of a person; attack has to be illegal; and attack has to be real.

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This solution are providing many modern criminal codes as : article Jescheck, Lehrbuch des Strafrecht, Allgemeiner teil, Berlin, Nenov, Nakazatelno pravo, Obša čast, Sofia, Stefani, G.

Levasseur, B. Bulock, Droit penal general, Paris, Lolis, G. Mangakis, The Greek penal code, London, Penko, K. Strog, Kazenski zakonik z uvodnimi pojasnili, Ljubljana, Compendio di diritto penale, Parte generale e speciale, Simone, Napoli, Skuratov, V. April However, if a person directed a force of nature torrent, rockslide in order to endanger other person or his legal property, or if an animal a dangerous dog or a horse is used as means for endangering protected property, than these principes constitutionnels suisse anti aging are also considered as necessary defence.

Attack could be undertaken by any person, no matter of the age, accountability or guilt. It could be undertaken by any action or inaction, as well as using any means which is suitable for violation or endangering some legal property Therefore, necessary defence is excusable in case of an actual attack instantaneous or presentas well as in case of imminent attack. Whether the attack is imminent, is a question which principes constitutionnels suisse anti aging determined by principes constitutionnels suisse anti aging in each particular case, judging all the circumstances of the committed act and the perpetrator.

The attack is imminent principes constitutionnels suisse anti aging there is a possibility in time and place of the close carrying out an attack But, it does not mean that necessary defence is excusable against future, undetermined in place and time, but indicated attacks. Measures of precaution and preventive protection against indicated or expected attacks are excusable only if they do not go over the limits of necessary measures for that specific moment.

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Most often, life and physical integrity is being attacked, but sometimes it can be property, honour, reputation, dignity, moral. The object of attack could be any legal property or legal interest. Law does not explicitly state which are those goods that can be the objects of attack in the sense of necessary defence. Attack can be aimed against any legal property of the attacked person, but also against any legal property of some other physical or legal person. Therefore, necessary defence exists not only in case of protecting from the attack on a legal property, but also in case of protecting from the attack on any property of other person physical or legal if that person is not capable of protecting himself from such attack.

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In any case, the scope and necessity of defence depend in the first place on the nature of legal property which is attacked or endangered. Therefore, attack which is undertaken during exercising duty according to some legal authorisation, is not illegal and necessary defence in that case is not excusable. However, if an authorised person oversteps the limits of legal authorisation, then such situation is changed into illegal attack against which necessary defence is allowed.

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On the other hand, violation of necessary defence also changes into illegal attack, in which case the attacker has the right for defence because in this case he is in the state of necessary defence.

The right for necessary defence exists no matter if the attacker is conscious of illegality of his attack or not.

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Namely, it is enough that the attacked person objectively realises the attack. It is of no significance whether the attacker is guilty or not, as well as whether his act is punishable. Illegal attack could be undertaken by a child or by a mentally incompetent person.

That means that necessary defence on necessary defence is not excusable.

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But, different situations in life can happen, when the attacked person anticipates the possibility of being attacked in certain place and time because of his relationship with some person. If in such situations anticipated attack is undertaken, it is 31 Vojislav Đurđić - Dragan Jovašević, Praktikum za krivično pravo, Knjiga prva, Opšti deo, Službeni glasnik, Beograd, Even more controversial situation is when a person provokes attack.

The problem arises if such attack is manifested verbally or only with concluding acts which irritate, provoke or underestimate the attacker.

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Social component of the institute of necessary defence should be considered in such situations.

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